Smt. Radharani Pradhan v. State Of West Bengal & ORS

15.07.2021

IN THE HIGH COURT AT CALCUTTA

Item No.2 CRIMINAL REVISIONAL JURISDICTION Ct.No.34 dc.

C.R.R. 745 of 2018 (Via Video Conference) Smt. Radharani Pradhan versus State of West Bengal & Ors.

In Re: An Application under Section 407 read with Section 482 of the Code of Criminal Procedure, 1973.

Mr. Ayan Bhattacherjee, Mr. Apalak Basu, Mr. Cedric Fernandez ... For the Petitioner.

Mr. Rana Mukherjee, Mr. Santanu Chatterjee ... For the State.

In spite of service, none appears on behalf of the private opposite parties.

The present application has been preferred under Section 407 read with Section 482 of the Code of Criminal Procedure. The proceedings relate to C.R. Case No. 378 of 2015 under Section 12 read with Sections 18/19/20/22/23 of the Protection of Women from Domestic Violence Act, 2005. The petitioner is presently staying at Hemanta Mukhopadhyay Sarani (formerly Gariahat Road), Kolkata700029. The nature of the case is such that the petitioner would have to go to court and depose and participate in the proceedings regularly. Having regard to the involvement of the petitioner required for progress of this case, I am of the view that the present case should be transferred from the

learned Judicial Magistrate, 3rd Court, Paschim Medinipur to the learned Chief Judicial Magistrate at Alipore. The learned Chief Judicial Magistrate, Alipore will be at liberty to delegate the case to any Judicial Magistrate, if he thinks fit and proper.

It is directed that in case, any of the opposite parties is unable to attend the court and prays for exemption from day to day proceedings of the court, the learned court would be at liberty to consider such prayer keeping in mind that all the private opposite parties are residents of the district of Paschim Medinipur, West Bengal.

With the aforesaid observations, CRR 745 of 2018 is allowed.

Interim order, if any, is hereby vacated.

All pending applications, if any, are consequently disposed of.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court. (Tirthankar Ghosh, J.)